What happens if a tenant refuses to leave in Florida?
According to Florida Statute 83.58, if a Tenant remains after the lease terminates, an Eviction can be filed. As a result, the Court may award the Landlord double rent if they refuse to leave. If a Landlord wants to terminate a month-to-month Lease in June, they must give them 15 days notice to terminate.
What is the eviction law in Florida?
The notice must state that the tenant has three days to either pay rent or move out of the rental unit or the landlord will terminate the tenancy. If the tenant does not pay rent or move, then the landlord can file an eviction lawsuit at the end of the three days.
How long does it take to evict a holdover tenant in Florida?
When a tenant remains in possession of the rental after the agreement term expires they are considered a “holdover tenant” . Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate.
Can a landlord force a tenant to move in Florida?
For more information on tenant defenses, see Tenant Defenses to Eviction Notices in Florida. A landlord must never try to force a tenant to move out of the rental unit. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit.
When does a landlord have to evict a tenant in Florida?
The notice will inform the tenant that the tenancy will end in 15 days and that the tenant must move out of the rental unit by that time (see Fla. Stat. Ann. § 83.57 ). If a tenant has a tenancy that is for a fixed term, such as six months or one year, the landlord must wait until the end of the term before terminating the tenancy without cause.
How does a landlord terminate a tenancy in Florida?
The landlord terminates the tenancy by giving the tenant written notice, as required by state law. If the tenant does not comply with the written notice, then the landlord can file an eviction lawsuit (also sometimes referred to as an action for possession).
Do you have to give a Tenant Notice to move out?
The landlord does not need to give the tenant notice to move out by the end of the term unless the lease specifically requires the landlord to do so.
Can a landlord force a tenant to move out in Florida?
Tenant Rights and Responsibilities When Signing a Lease in Florida. A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Florida must follow specific procedures to end the tenancy.
How does a landlord evict a tenant in Florida?
In Florida, a landlord can evict a tenant for a variety of reasons, but the landlord must terminate the tenancy first. The landlord terminates the tenancy by giving the tenant written notice, as required by state law.
Can a landlord terminate a tenant in Florida?
Florida law varies depending on if the tenant is “month to month” [no lease] or currently under a lease agreement. If the tenancy is from month to month, a landlord may not terminate it by giving less than 15-days’ notice (see Section 83.57 of Florida Residential Landlord Tenant Act).
What are the rights of a tenant in Florida?
Tenant Rights and Responsibilities When Signing a Lease in Florida. A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease).